Question 1

Is sexlessness grounds for divorce?

Accepted Answer

If your spouse refuses to have sex without a justifiable reason, it may be recognized as grounds for divorce.Sexless Divorce Legal JudgmentThe court rules even if a couple has sexual dysfunction or there is no sexual contact between the couple.If the couple works together and receives professional treatment and assistance, there is a possibility of returning to a normal sex life.Because such circumstances are temporary or short-term,It is said that that level of sexual defect alone cannot be considered a ‘serious reason for continuing marriage.’In other words, it clearly states that spouses must work together.If you go beyond that level and refuse to engage in a relationship without a justifiable reason, it may be grounds for divorce.Impairment of sexual function makes normal sexual life impossibleIf there are other circumstances that impede the normal satisfaction of each other's sexual desires,Considering that sexual relations between spouses are an essential element of marriage,This can be a ‘serious reason that makes it difficult to continue the marriage.’(Refer to Supreme Court Decision 2009M2413, delivered on December 24, 2009).Therefore, in cases where sexual intercourse is refused without justifiable reason, the provisions of Article 840, Paragraph 6 of the Civil ActA divorce request is possible because the grounds for divorce are ‘when there are serious reasons that make it difficult to continue the marriage.’This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 2

Is delusional jealousy of wife or husband grounds for divorce?

Accepted Answer

Is your spouse having an affair with the other person without any reasonable grounds?Doubt is also called suspicion or suspicion.A representative example of susceptibility is not allowing the opposite sex to accompany you to a meeting.If so, what time did you meet that person of the opposite sex and what time did you break up? The next day.A typical example is asking whether you have met this person again.Of course, in the case of mild infidelity or infidelity, it is difficult to use it as grounds for divorce.However, the suspicion and suspicion of suspicion are so severe that it is difficult to live a normal married life.There may be difficult times.In this case, the pain experienced by the parties involved can be said to be considerable.And this will soon become a reason for the breakdown of the marriage relationship.Therefore, the certificate of claim and certificate of claim are stipulated in Article 840 of the Civil Act.This may be a serious reason that makes it difficult to continue married life.If you have suffered great mental distress due to your spouse's behavior, It is possible to claim alimony for this.In this case, you can receive alimony through a lawsuit.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 3

The other person frequently stays out overnight. Is this grounds for divorce?

Accepted Answer

Just because the other person frequently stays out does not immediately become grounds for divorce.However, for example, if your spouse drinks alcohol and stays out 2-3 times a week,Even though I wrote a memorandum to never stay out again, I didn't keep this promise.What if, by not doing so, the trust between the couple is damaged and the marriage relationship is broken down to the point where it is difficult to repair?In this case, a divorce request can be made to the Family Court as it falls under the grounds for divorce under Article 840, Paragraph 6 of the Civil Act.In the above case, the court acknowledged the responsibility for the breakdown of the marriage to the husband who frequently stayed out at home and neglected his home.Ultimately, it accepted her wife's divorce petition and ruled that her husband should pay 20 million won in alimony for her wife.Seoul Family Court, 2007 Dehab 5908, sentenced on July 9, 2008This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 4

The other person goes to an entertainment establishment. Is this grounds for divorce?

Accepted Answer

The mere fact that the other person went to an entertainment establishment is not necessarily grounds for divorce.However! If your spouse frequents entertainment establishments and spends money extravagantly, What if you are in frequent contact with multiple entertainment establishment employees?Or, even after being discovered by a spouse, without reflection or effort to resolve the marital conflict. People can go to entertainment establishments more freely under the pretext of business entertainment or under the pretext of providing entertainment.What if you enter and leave the other spouse experiencing mental pain?In this case, it is grounds for divorce under Article 840, Paragraph 1 or 6 of the Civil Act.You can also claim alimony for mental suffering from the other party.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 5

The other person had an affair with another man (woman). Is this grounds for divorce?

Accepted Answer

Yes, it is grounds for divorce.The fact that the other person stayed out with someone of the opposite sex is determined by our civil law as follows:Among the causes of divorce in court, it falls under number 1 ‘when the spouse commits an unfaithful act’.The court ruled that the unjust acts stipulated in Paragraph 1 of Article 840 of the Civil Act include adultery.As a broader concept, even if it does not amount to adultery, the couple's duty of chastity isIt is a broader concept that includes all acts of misconduct that are recognized as disloyal.Since we believe that it is necessary to understand this, it can be said that the fact that a spouse stays out with someone of the opposite sex is fully included as cheating.Additionally, if a person commits an unfaithful act with a spouse, the marital relationship of that other party may be terminated due to this.In the event of a breakdown, the mental suffering suffered by the other spouse is taken as tort liability.Because there is an obligation to support children, even if the person committing the affair knows that he or she has a spouse,If you cheat with your spouse, you can file a claim for damages.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 6

The other person is in contact with another man (woman). Is this grounds for divorce?

Accepted Answer

Just because a spouse is in contact with another person of the opposite sex does not immediately constitute grounds for divorce.However, when considering the specific facts, our civil law stipulates as follows:If there is a possibility that it falls under number 1 among the causes of divorce, ‘when the spouse committed an unfaithful act’, it will be recognized as a ground for divorce.The court considers “the spouse’s unfaithful conduct” as grounds for judicial divorce in Article 840, Paragraph 1 of the Civil Act.It is a broader concept that includes adultery, and although it does not extend to adultery, it does not extend to the marital chastity obligation.This is because it is believed that this includes all unfaithful and unjust acts.Therefore, whether it is an unlawful act for a spouse to have contact with someone of the opposite sex depends on the specific case.This must be evaluated by taking into account the extent and circumstances, and the court determines that the spouse may have sex with someone of the opposite sex late at night.They exchanged frequent text messages and phone calls, bought clothes for each other, and even wrote letters confessing their love.In the case, we judged this to be an unjust act that violates the duty of chastity between spouses.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 7

I saw the other person engaging in pornographic chat. Is this grounds for divorce?

Accepted Answer

It would be difficult for the fact of pornographic chatting itself to be grounds for divorce.However, when the other person engages in lewd chatting, the trust between the couple is broken.If the marriage has broken down to the point where it is difficult to continueIt may be recognized as grounds for divorce in a trial under Article 840, Paragraph 6 of the Civil Act.The court found that, in fact, her wife frequently video chatted with an unspecified number of men.She committed an unacceptable act that went against the faith between her husband and her husband.Even after knowing this and leaving the house, she did not make enough efforts to change her husband's mind.Since they are separated as they have not shown any signs of self-reflection, Article 840, Paragraph 6 of the Civil ActIt can be said to fall under ‘other serious reasons that make it difficult to continue the marriage.’The husband's claim for divorce and alimony has been cited.In a newspaper article about pornographic chatting and divorce,Seoul Family Court Family Affairs Division 4 (Chief Judge Hong Joong-pyo) said that Mr. A said, “My wife used internet video chat.“I committed an unfaithful act with other men,” she said, filing a complaint against her wife, B.She announced on the 12th that in the divorce case, a ruling was made on the 2nd that “her wife must divorce her husband and pay her husband 20 million won in alimony.”The court said, “It was also her husband’s fault for not actively dissuading her or having a sufficient conversation with her.The fundamental responsibility for the breakdown of the marriage was with other men.“This is to her wife who broke the fidelity between her husband and wife through her lewd video chats,” he said.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 8

My husband is addicted to porn. Is this still grounds for divorce?

Accepted Answer

The fact that you have a porn addiction alone is not a direct reason for divorce.However, the addiction to porn was so severe that the other spouse persuaded him to stop watching porn.Not only do they make no effort to change their behavior, but this also causes tension between the couple.If the conflict is amplified and the marriage relationship is irreparably broken down,This may be grounds for judicial divorce as defined in Article 840, Paragraph 6 of the Civil Act.In fact, the court ruled that the couple had neglected their families by being addicted to pornographic videos and chat sites from the beginning of their marriage.It was ruled that her husband was responsible for the breakdown of the marriage.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 9

What should I do about divorce after extramarital affairs?

Accepted Answer

1. What is an affair?Having sexual intercourse with someone other than your wife or husband2. Can I file a complaint for infidelity? (Criminal punishment)Before adultery was abolished, criminal charges were possible.However, now that the crime of adultery has been abolished, it is not possible to file a complaint.However, it may be a reason to take into account when claiming civil alimony. You can.3. What are the divorce procedures for infidelity?1) What is divorce by agreement?It refers to a divorce that a couple agrees with each other.An application for divorce by agreement is made by the person with jurisdiction over the couple's place of registration or address.The couple must appear together at the family court and submit an application for confirmation of intention to divorce by mutual consent.Just submit it.2) Mediation DivorceThis refers to a divorce achieved through mediation by the family court.To explain it in detail, an amicable agreement can be reached between the two parties.In cases where there is a possibility of this happening, at a stage before the divorce proceeds to trial.This is a procedure carried out with the intervention of a court mediator.In other words, if you think of it as an intermediate stage between divorce by agreement and divorce by trial. It's easy.3) Trial divorceIf there is a certain cause, one side of the couple can file a request with the court for judgment.Divorce is achieved by obtaining a divorce, which is called trial divorce.We carefully analyze the situation through consultation with the client.Thus, the client can obtain a favorable result during the trial divorce process.We are here to help.4. What about alimony when living outside the city?1) Who receives alimony?The claim will be filed against the spouse responsible for the affair.2) What is the amount of alimony?Depending on the degree of psychological damage suffered by the affair partner,You can receive between 10 million and 30 million won.Of course, higher amounts are possible depending on the situation.3) Infidelity divorce counseling case[Case 1]The client was preparing a divorce suit due to her husband's infidelity.I happened to see my husband's KakaoTalk, and at that time my husband was at work.I found out that she was meeting her junior.The client did not want legal punishment. Therefore, We proposed an attempt to conduct an agreement. About 3 weeks of agreementAfter going through the period, I received a settlement amount of 20 million won.The case was concluded with conditions.[Case 2]A woman called me in an urgent voice.The story is that her husband has been seeing another woman for several years.I found out about this a week ago and was so shocked. I asked for help on how to deal with it.Husband entering and leaving a motel with an adulterous woman, conversation between the twoBased on the contents, arguments were held and approximately 17 million won was awarded.She received alimony and won the case.[Case 3]A man called me urgently. wife at workHe had an affair with a co-worker and eventually invited her into the house.She said she had witnessed an act of adultery. Compensation for adultery based on secured evidence, etc.We have informed you that a lawsuit is possible.Accordingly, the commercial side proposed an agreement.In the end, it was conditioned on receiving a settlement of 23 million won.We were able to resolve the situation.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 10

Procedure for receiving alimony for infidelity

Accepted Answer

A. agreementIf you try to go to court, it will be a burden in terms of cost and time.It can be frustrating. In this case, before proceeding with litigation, we Intervene and ask the client about his / her intention to reach an agreement and then reach an agreement with the other partyYou will try.B. lawsuitThere are two ways to file an alimony claim.First, while filing a divorce suit against your spouse, How to claim alimony against an adulterer. The second way is to file a divorce suit.You can file a claim for alimony without filing a complaint.If you have children or are considering divorce for financial reasons,After filing a lawsuit for alimony only against the adulterer, a divorce lawsuit is filed.You can raise it.C. compulsory executionCompulsory execution occurs when the other party to the affair fails to pay alimony.It refers to the forcible performance of an obligation through state power.You can apply if you have a mediation record or divorce final judgment.If the other party has no property, alimony cannot be paid.because of. Provisional seizure and provisional disposition of the other party's property, etc.It is very important to take conservation measures.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 11

Even after forgiving your spouse for his infidelity, is it possible to get a divorce if you harass him by citing the fact that he was having an affair?

Accepted Answer

It's possible.Even after finding out about Spouse A's affair, B decided to maintain the family and maintained a marital relationship for a long time.However, Eul continued to distrust and criticize A, often citing A's previous affair.A, who could not endure this, filed a divorce against her, claiming that her marriage had broken down.The Supreme Court ruled that B maintained a married life for a long period of time even after knowing about A's past affair, and since A has no evidence of other misconduct since then, A's past affair is not the direct cause of the breakdown of the current marriage, so it is the main cause of the breakdown of the current marriage. It was ruled that if B has this, A can file a divorce claim against B.[Supreme Court 2021.08.19. Refer to judgment 2021M12108]This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 12

My spouse had a crush on someone of the opposite sex. Is this grounds for divorce?

Accepted Answer

Yes it is possible.There is a precedent in which cheating was acknowledged based solely on one-sided unrequited love.Her husband was attracted to a Chinese woman who was a co-worker of her company, and ① unilaterally gave her a gift, ② sent her a poem, and ③ contacted her on several occasions with the intention of dating her.It was held that this act amounted to misconduct in her relationship with her wife. (Suwon Family Court Ansan Branch 2019 Dedan 37022)The judge acknowledged the breakdown of the marriage for this reason, even though "they did not appear to have reached the stage of substantive dating." In other words, it was made clear that actual dating does not affect the grounds for divorce. 20 million won was recognized as alimony for this unrequited love.However, the mere fact that she courted the opposite sex will not necessarily be grounds for divorce. Depending on the sincerity of the courtship, you may be able to defend yourself by saying that it was just a joke/crush and that you have now reflected on your feelings and made a sufficient apology and will continue to do so in the future. In other words, the outcome of a divorce lawsuit will vary depending on the development issue.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 13

Can mental infidelity and affectionate text messages alone be grounds for divorce?

Accepted Answer

This is grounds for divorce.This is because cheating refers to ‘any unjust act that is not faithful to the duty of marital chastity.’ (Supreme Court 87M5)I think it will be easier to understand if you look at an actual example.1. A case in which cheating was admitted based solely on one-sided unrequited love.It was said that the fact that her husband was attracted to a coworker of hers and unilaterally gave her a gift, sent her a poem, and contacted her on several occasions with the intention of dating her was considered cheating in his relationship with his wife. (Read more)2. A case in which the cause of marriage breakdown was acknowledged solely through the exchange of high-level text messages.The Busan Family Court ruled that although there was no clear evidence as to whether there was sexual contact, the spouse's exchange of high-quality text messages with another person of the opposite sex was the cause of the breakdown of the marriage.3. For your information, continuing to keep in touch with your ex-lover after marriage is not recognized as cheating.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 14

The other person has committed a crime. Is this grounds for divorce?

Accepted Answer

The fact that you committed a crime does not in itself constitute grounds for divorce in court.However, the extent of the crime and the consequences for the family due to the crimeDepending on the impact it has on the marital relationship, it may be grounds for divorce.The court ruled that the husband committed a crime after marriage and was sentenced to prison, leaving the wife alone.In the case where he had been earning a living and raising her child, but after her release from prison, he assaulted his wife and separated from her.“The marriage relationship between the plaintiff and the defendant has broken down to the point where it can no longer be restored.The fundamental and main responsibility for the breakdown of the marriage was due to being imprisoned for committing a crime.He failed to fulfill his role as a family member and committed violence against the plaintiff.It will be said that it is the defendant's fault, and this falls under the grounds for judicial divorce under Article 840, Paragraph 6 of the Civil Act."Therefore, the wife's divorce request was accepted.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 15

My husband engaged in prostitution. Is this grounds for divorce?

Accepted Answer

Yes, it is grounds for divorce.Our civil law stipulates six causes for judicial divorce (Article 840 of the civil law).The question you asked about ‘when the other party engages in prostitution’ is ‘when the spouse engages in unfaithfulness’ among the above reasons.This can be considered applicable, and the trust between the couple is broken due to the spouse engaging in prostitution.If the marriage between the two parties is irretrievably broken downThis also applies when there are other serious reasons that make it difficult to continue the marriage, so a divorce request can be made to the family court on this basis.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 16

The other person often drinks and drives. Is this grounds for divorce?

Accepted Answer

Your spouse's drunk driving is not immediately grounds for divorce.However, the other person repeatedly drinks and drives and says he will never do it again.Even though a promise was made, the trust between the couple is broken by breaking the promise and driving drunk.As a result, marital conflict amplifies and the marriage becomes unsustainable.If the relationship has reached a difficult level of breakdown, this may be grounds for divorce in court.Our civil law stipulates six grounds for divorce at trial (Article 840 of the civil law).If the marital relationship breaks down due to a conflict caused by drinking as described above, item 6 of the listThis is because there may be cases where there are other serious reasons that make it difficult to continue the marriage.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 17

The other person is addicted to gambling. Is this grounds for divorce?

Accepted Answer

Even if your spouse gambles, it is not necessarily grounds for divorce.However! As a result of neglecting married life due to gambling addiction, the affection and trust between the couple decreased.A joint living relationship between spouses that corresponds to the essence of marriage should be the foundation.It is irretrievably broken down and the continuation of the marriage is forced.In cases where the pain is unbearable for one spouse, one of the reasons for trial under the Civil Code is:Article 840 No. 6 ‘When there are other serious reasons that make it difficult to continue the marriage’ may be grounds for divorce.In fact, one spouse stays out for about 20 days a month, gambles, gets into debt, etc.When the other spouse advised this, he settled the gambling on two occasions.Even after writing a memorandum saying that I would focus on my family, I continued to gamble.In cases where family members were not cared for, the court stipulated in Article 840, Paragraph 6 of the Civil Act.The court determined that there were grounds for divorce and a divorce decree was entered.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 18

The other party has a record of criminal punishment. Is this grounds for divorce?

Accepted Answer

1. SummaryMarried while hiding his criminal record.May be grounds for divorce (based on Article 840, Paragraph 6 of the Civil Act).However, it may vary depending on what crime was committed.2. DescriptionIf the other person got married while hiding his/her criminal record,Apart from feeling betrayed, can it be grounds for divorce in court?Yes, it can be grounds for divorce.The court ruled that lying to a wife about her job, financial situation, education, etc. before marriageThey say that her husband, who married her while hiding her criminal history, is responsible for the breakdown of the marriage.Divorce and alimony were ruled on the grounds of Article 840, Paragraph 6 of the Civil Act.However, depending on the crime committed before marriage, there may be differences in whether or not grounds for divorce are recognized.For example, hiding the fact that you have a history of receiving fines for violating road traffic lawsThere would be a big difference between wearing an electronic anklet and hiding it due to a shameless sexual crime.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 19

The other person has excessive hobbies. Is this grounds for divorce?

Accepted Answer

The other person's excessive hobby is not immediately grounds for divorce.However, if the spouse focuses only on her hobbies and neglects housework and childcare,Regarding her hobbies, she continues to spend more than her income compared to her income.As a result, the trust between the couple is broken and the marriage becomes difficult to continue.If a breakdown has occurred, it may be recognized as grounds for divorce under Article 840, Paragraph 6 of the Civil Act.The court actually likes cars and stereos, rather than surrounding the other party with affection and consideration.By giving the impression that one values one's hobbies, it ultimately creates a gap in trust between the couple.She admitted that her husband was at fault for the breakdown of the marriage.However, her wife also unfairly uses her harsh language to express her uncomfortable feelings toward her in-laws.She lost her husband's faith and trust by refusing her husband's request to return home even after completing her studies.Since there was a fault and both parties were equally responsible, the divorce claim was upheld but the alimony claim was dismissed.Suwon District Court, 2011.11.29 Sentence 2010LE2072 (Click on the case number on the left to view the full case law.)This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 20

The other person lied about their occupation before marriage. Is this grounds for divorce?

Accepted Answer

You found out that your significant other lied about his job before marriage!Sometimes, the parties involved in a marriage want to look good to the other party or to consummate the marriage.There are cases where facts are exaggerated, unfavorable facts are concealed, or false promises are made.Apart from feeling embarrassed and betrayed,Just because you lied about your job before marriage does not mean you can get a divorce in court.However! Lies about property relations, financial ability, family history, occupation, etc. before marriage, and the lies are discovered after marriage.If the marital relationship breaks down due to lack of understanding or forgiveness between the couple,This may fall under the grounds for divorce under Article 840, Article 6 of the Civil Act, ‘Other serious reasons for making it difficult to continue the marriage.’On the other hand, if the marriage is due to fraud, it may be grounds for canceling the marriage (Article 816, Paragraph 3 of the Civil Act).A party to a marriage or a third party deceives the other party or both parties to the marriage by illegal meansWhen the marriage partner or both parties express their intention to marry and the marriage is established, it is called a marriage by fraud.Regarding this, the court ruled that in order to annul a marriage on the grounds of fraud, the essential content of the marriage must beIt can be said that there must be deception, but usually deception about property relations, economic ability, family history, occupation, etc.Even if the falsity is discovered after the marriage because it does not concern the essential content of the marriage, such a marriage is not permitted.It may be said that it is desirable to resolve the matter through divorce, but such deception involves active notification of false facts, etc.If it was done through illegal means and the general public had not made a mistake due to such deception,It is ruled that in cases where it appears that a marriage has not occurred, annulment of the marriage is permitted.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 21

The other person quit their job. Is this grounds for divorce?

Accepted Answer

Just because the other person quits his or her job does not mean that a divorce is possible immediately.However, if your spouse quits his job without consulting you and ceases economic activity for a long period of time,By breaking the trust between her husband and her husband by neglecting housework and childcare, etc.If the marriage relationship has broken down to the point where recovery is difficult.There is a possibility that this may be grounds for divorce under Article 840, Paragraph 6 of the Civil Act.The court ruled that the husband unilaterally quit his job and started gambling without consulting the other party.After a bitter fight over this, they went back to their home.In a matter where the wife moved without informing her husband, thereby causing her separation,The couple decides unilaterally on matters that should be discussed and decided together,Through dialogue and consideration, conflicts between couples that may arise during the marriage period are resolved.Both couples who did not make efforts to resolve the issue would be held responsible for the breakdown of their marriage.Excessive investments and gambling place an economic burden on households, resulting inThe husband, who betrayed his wife's trust first, was judged to be more responsible for the breakdown of her marriage.My wife's request for divorce and alimony has been accepted.(Busan Family Court, 2018 Dedan 213503 (main suit), 2019 Dedan 202548 (counterclaim), decided on November 29, 2019)This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 22

The other person often lies and comes home late. Is this grounds for divorce?

Accepted Answer

The fact that your partner lies and comes home late alone is not grounds for divorce.However! 'Recovery of marital relationship due to repeated lies and late return home'If it has reached a point where it is difficult to break up, it can be grounds for divorce.In reality, she often came home late and stayed out late under the pretext of work, neglecting housework and raising children.Finally, he ran away from home and did not inform his spouse and children of his exact whereabouts.By cutting off contact, he abandoned his spouse and children, and even after dating someone of the opposite sex and this fact was discovered.Continuing relationships without doing your best to regain the trust and affection of your familyIn cases where actions have irreparably broken down the marital relationship,There was a court ruling that these acts were grounds for divorce.(Seoul Family Court, 2005 DeHap 5201, 6693 (merged) decision decided on January 24, 2007).Therefore, the continued late return home, the subsequent lies, and these actions are repeated, damaging the marital relationship.If it has become difficult to maintain the marriage, there are other serious reasons that make it difficult to continue the marriage under Article 840 (6) of the Civil Act.You can file for divorce at trial by asserting and proving that this is the case.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 23

The other person forces you to perform perverted acts. Is this grounds for divorce?

Accepted Answer

The other person harasses the spouse by requesting perverted sex, and this causesIf the marriage relationship has broken down to the point where it is difficult to recover, it is grounds for judicial divorce under Article 840, Paragraph 6 of the Civil Act.The court ruled that he was causing hardship to his wife through coercive sexual intercourse, and as the condition became more severe, he introduced other people into the marital relationship.Even though his wife clearly refused, he asked her to engage in perverted sexual acts.Persistently and continuously engaging in a form of sexual intercourse that the wife does not want, such as persistently requesting it.Regarding the husband who made the request, “The defendant persistently and continuously requested unwanted forms of sexual activity.”Seriously strengthens trust and affection between couples by providing the root cause of conflict.The plaintiff was responsible for the breakdown of the marriage because he caused damage,” and set the alimony at 50 million won.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 24

The other person wants a separation. Is this grounds for divorce?

Accepted Answer

Our civil law establishes six causes for divorce in court.Among them, the other party's unilateral request for separation is 'What is abandonment by a spouse of the other party out of malice?This may apply in cases of ‘abandonment’ or ‘other serious reasons that make it difficult to continue the marriage.’On the other hand, if your spouse does something wrong, such as cheating on someone else, and wants to end the marriage,There are many cases where separation is requested. Our court does not accept a divorce request from a spouse at fault.As a rule, if the other party, who is the at-fault spouse, files for divorce, he or she must prove the other party's fault so that the divorce claim is not allowed.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 25

The other person refuses to have sex. Is this grounds for divorce?

Accepted Answer

If a spouse refuses to have sex without a justifiable reason, it is recognized as grounds for divorce.The court rules even if a couple has sexual dysfunction or there is no sexual contact between the couple.If the couple works together and receives professional treatment and assistance, there is a possibility of returning to a normal sex life.Because such circumstances are temporary or short-term,That level of sexual defect alone cannot be considered a ‘serious reason for continuing marriage.’Refusing sexual intercourse without a justifiable reason beyond that levelImpairment of sexual function makes normal sexual life impossibleIf there are other circumstances that impede the normal satisfaction of each other's sexual desires,Considering that sexual relations between spouses are an essential element of marriage,This can be a ‘serious reason that makes it difficult to continue the marriage.’(Refer to Supreme Court Decision 2009M2413, delivered on December 24, 2009).Therefore, in cases where sexual intercourse is refused without justifiable reason, the provisions of Article 840, Paragraph 6 of the Civil ActA divorce request is possible because the grounds for divorce are ‘when there are serious reasons that make it difficult to continue the marriage.’This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 26

The other person is assaulting my parents. Is this grounds for divorce?

Accepted Answer

Yes, it is grounds for divorce.If the other spouse assaults my parents, Article 840 of the Civil Code states as follows:It may be recognized as a ground for divorce as it falls under item 4 among the grounds for divorce recognized by the court.The court ruled that the ground for divorce under Article 840, Paragraph 4 of the Civil Act was 'the person's lineal ascendant is separated from his or her spouse.‘When you have been treated very unfairly’ means that the lineal ascendant of one of the parties to the marriage is Violence or abuse to the extent that it would be considered harsh to force the continuation of a marital relationship, or Since it is ruled that this occurs when one is insulted (Seoul High Court decision 2018Le24219, May 1, 2019),This point must be well argued and proven.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 27

The other person is mistreating my parents. Is this grounds for divorce?

Accepted Answer

If the other party mistreats my parents, it is one of the grounds for divorce in court under Article 840 of the Civil Act.There is a possibility that it may fall under item 4, ‘when one’s immediate ascendant has been treated extremely unfairly by her spouse.’However, the court ruled that the cause of divorce under Article 840, Paragraph 4 of the Civil Act was ‘the loss of one’s lineal ascendant from his or her spouse.‘When you have been treated severely unfairly’ means that a lineal ascendant of one of the parties has been treated unfairly by the spouse of the other party.If you have been assaulted, abused, or seriously insulted to the extent that it would be considered harsh to force you to continue.Since it is ruled that my spouse simply mistreated my parents, it is difficult to say that it falls under this ground.however!! Conflicts arise as the other person mistreats my parents, and as a result, the couple lives together.If a relationship breaks down beyond repair, it is difficult to force the marriage to continue.In cases where unbearable pain is caused to one spouse, Article 840, Paragraph 6 of the Civil Act‘When there are serious reasons that make it difficult to continue the marriage’ could be grounds for divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 28

The other person is very suspicious. Is this grounds for divorce?

Accepted Answer

The mere fact that the other person is suspicious of you cannot be grounds for divorce in court.This is because our civil law restricts the cases in which divorce is possible at trial as follows.However, for example, without any objective basis, such as claiming that one spouse has a child hidden before marriage, etc.When the degree of suspicion is serious, that is, when one party seriously suspects the other spouse,The couple's marital relationship has already broken down irreparably.When looking into who is responsible for the breakdown of the marriage relationship,If it appears that excessive suspicion on the part of one party is the cause, the court shall decide on this matter.The grounds for divorce are recognized as ‘when there are other serious reasons that make it difficult to continue the marriage’ as prescribed in Item 6 above, andThis allows one party to accept a claim for alimony on the grounds that he or she has suffered significant mental suffering.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 29

Are verbal abuse and abusive language grounds for divorce?

Accepted Answer

1. Are verbal abuse and abusive language grounds for divorce? Yes, if continuous verbal abuse has reached a point where you cannot return to a normal marital relationship, it may be grounds for divorce.Our civil law stipulates the grounds for judicial divorce as follows:Among these, verbal abuse falls under category 3, ‘when you have been treated extremely unfairly by your spouse’, so you can file for divorce in court.However, the court ruled that the grounds for divorce under Article 840, Paragraph 3 of the Civil Act were ‘when you have been treated extremely unfairly by your spouse.’This refers to violence, abuse or Since it is ruled that it is a case of being insulted (see Supreme Court decision 2003M1890, delivered on February 27, 2004, etc.),In light of this, one spouse simply verbally or abusively spoke to her other spouse.It would be difficult for the divorce to be recognized in court, and frequent and severe verbal abuse was used toWhen it is claimed or proven that the marriage has broken down to the extent that the marital relationship cannot be restored.It is said that a judicial divorce is possible as it falls under the grounds for judicial divorce prescribed in Article 840, Paragraphs 3 and 6 of the Civil Act.2. Can I receive alimony in a divorce due to verbal abuse?In the case of normal divorce alimony, it is 10 to 30 million won. Cases of abusive divorce may be fewer or unrecognized.Alimony is compensation for mental suffering and is different from property damage, so it is not easy to prove.Therefore, the court can decide the amount ex officio, taking into account the circumstances of the parties.In other words, when calculating the amount of alimony for the at-fault spouse, the court considers the circumstances and extent of the at-fault act,The court makes its decision ex officio by taking into consideration all circumstances, including the marital relationship, the cause and responsibility of the breakdown, and the spouse's age and financial status.When divorcing a divorce due to the other party's continued verbal abuse, various factors are considered for each case.Ultimately, depending on the severity of the verbal abuse, alimony may or may not be granted.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 30

The other person commits domestic violence. Is this grounds for divorce?

Accepted Answer

Yes, it is grounds for divorce!If one spouse assaults the other, it is grounds for divorce in court.Our civil law stipulates the grounds for divorce at trial as follows:This is because spousal assault falls under category 3, ‘when you have been treated extremely unfairly by your spouse.’The Supreme Court ruled that the ground for divorce prescribed in Article 840, Paragraph 3 of the Civil Act is ‘when you have been treated extremely unfairly by your spouse.’An assault or assault to the extent that it is considered harsh for one party to a marriage to force the spouse to continue the marriage relationship.It was ruled that this refers to cases of abuse or serious insult (Supreme Court decision 99M180, November 26, 1999).In light of this, if one spouse frequently assaults the other spouse and the marriage breaks down to the extent that it cannot be restored to a normal marital relationship,It can be said that a judicial divorce is possible as it falls under the grounds for judicial divorce under Article 840, Paragraphs 3 and 6 of the Civil Act.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.Please chat or email for specific details.

Question 31

The other party treats my family and my family differently. Is this grounds for divorce?

Accepted Answer

The fact that you treat each other's families differently is not enough to be grounds for divorce in court.However, if the level of discrimination goes beyond that and my spouse assaults my parents,If an insult is made to an unbearable degree, Article 840, Paragraph 4 of the Civil Act stipulates that one's lineal ascendantThis can be grounds for divorce if you have been treated extremely unfairly by your spouse.The court said that ‘when one’s lineal ascendant has been treated extremely unfairly by his or her spouse’A lineal ascendant of one party to a marriage forces the other spouse to continue the marriage relationship.This refers to cases where you have been assaulted, abused, or insulted to a degree that is considered harsh.(Seoul High Court decision 2018Le24219, May 1, 2019)If these points are proven, they may be recognized as grounds for divorce.On the other hand, even if it is not to the same extent as above, due to the other party's discriminatory treatment of my family,Even though a discord occurs between the couple, the other party makes no effort to improve it, and as a result,If the marital relationship has become so broken that it is difficult to recover,There is a possibility that it may fall under Article 840, Paragraph 6 of the Civil Act.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 32

The other person’s sexual desire is too strong. If someone forces you to have sex against your will, is that grounds for divorce?

Accepted Answer

They harass their spouses by demanding excessive sex and even assault their spouses because they refuse.If the marriage relationship has broken down to the point where recovery is difficult, such as when the spouse runs away from home.It is a ground for judicial divorce as defined in Article 840, Paragraph 6 of the Civil Act.The court found that the husband actually showed an excessive obsession with sex, even while eating breakfast.Humiliating her wife by asking her to have sex and making unspeakable sexual comments to her,He asked his wife to have sex with her in the morning, and then assaulted her when she refused to have sex with him in the evening.If her wife runs away from home to avoid this and they are separated until the divorce suit is filed, she is responsible for the breakdown of the marriage.It has cited her wife's divorce and alimony claim by acknowledging that it is her husband's fault.(Seoul Family Court, 2006Le723 (main suit), 1481 (counterclaim), decided on November 10, 2006).Separately, since rape is considered a crime between married couples under the law, it is impossible for the husband to resist orIf he commits adultery with his wife by inflicting violence or threats to the extent of causing significant hardship to her.It is a crime of rape and may be subject to imprisonment for more than 3 years (Article 297 of the Criminal Act).This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 33

The other person is constantly making sarcastic comments. Is this grounds for divorce?

Accepted Answer

The fact that the other person is being sarcastic does not itself constitute grounds for divorce in court.However, if one spouse continues to engage in the above behavior,The trust between the couple is broken and the marital relationship becomes irreparable.In the case of a breakdown, grounds for divorce may be recognized at trial as provided for in Article 840, Paragraph 6 of the Civil Act.The court determines whether ‘there are other serious reasons that make it difficult to continue the marriage’ (Article 840, Paragraph 6 of the Civil Act).The court said, “The marital relationship corresponding to the essence of marriage has been irretrievably broken down,”This refers to cases where forcing the continuation of the marriage would cause unbearable pain to one spouse,In determining this, it is necessary to determine whether there is an intention to continue the marriage, whether the parties are responsible for the cause of the breakdown, the duration of the marriage,It is ruled that “the presence or absence of children, the age of the parties, security of living after divorce, and other general circumstances of the marital relationship are the criteria for judgment.”This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 34

The other person tattooed his body without consulting me. Is this grounds for divorce?

Accepted Answer

The fact that your partner has tattoos on their body without consulting you is not grounds for divorce.This is because our civil law stipulates the grounds for divorce in court as follows, and tattoos do not fall under this provision.However, for example, if you promised each other never to get tattoos before getting married,If you do not follow this and get a tattoo, discord between couples will occur, and to resolve this conflict,Without making any effort, the conflict escalates, leading to assault, running away from home, or separation.In the end, if we assume that the marriage relationship has broken down to the point where it is difficult to recover,Since it falls under Article 840, Paragraph 6 of the Civil Act, it may be grounds for divorce.In these cases, it is not easy to prove the breakdown of marriage, so It is necessary to diagnose the situation by consulting with an expert regarding the specific facts.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 35

What is a fraudulent marriage?

Accepted Answer

A party to a marriage or a third party deceives the other party or both parties to the marriage by illegal means.When the other party or both parties to a mistaken marriage express their intention to marryThis refers to an established marriage, and a fraudulent marriage is grounds for annulment of marriage.Article 816 (Reasons for Cancellation of Marriage) A marriage may be requested to be canceled by the court in any of the following cases:3. When the intention to marry is expressed due to fraud or duress.The court rules as follows regarding the requirements for annulment of marriage."In the case of establishing a marriage, exaggerating the facts in the hope of establishing the marriageBecause unfavorable facts are often concealed or false promises are made,In order to annul a marriage on the grounds of fraud, it must be said that there must be fraud regarding the essential content of the marriage.Usually, deception about property relations, economic ability, family history, occupation, etc. is about the essential content of marriage.Therefore, even if the falsity was discovered after the marriage, it would be desirable for such a marriage to be dissolved through divorce.Such deception is based on illegal means, such as active notification of false facts.It is said that an ordinary person would not have entered into a marriage if there had not been a mistake caused by such deception.In such cases, it will be said that annulment of marriage is permitted.”Meanwhile, the cancellation of a marriage due to a fraudulent marriage can be canceled after 3 months from the date the fraud was discovered.It is important to note that you cannot claim cancellation.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 36

My spouse fell into 'Shincheonji'. Is this grounds for divorce?

Accepted Answer

The mere fact that your spouse believes in a particular religion is not grounds for divorce.However, what if you repeatedly run away from home or squander your family assets for the sake of religious life?Due to excessive religious life, housework, childcare,What if continuing your marriage becomes impossible because you have neglected your spouse?In this case, it may be grounds for divorce in court.The court said, “Freedom of religion cannot be infringed even if a couple is married.There is an obligation between spouses to cooperate with each other and maintain a smooth marital life.There are certain limits to that freedom of faith, as her wife focuses only on her religious life.What if her marriage broke down because she neglected housework and childcare?“The main responsibility for the breakdown should be seen as lying with her wife.”The court ruled and accepted her husband's divorce petition.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 37

The other person refuses to take my parents with me. Is this grounds for divorce?

Accepted Answer

The mere fact that the other party refuses to take care of my parents is not a direct reason for divorce.However, due to the issue of caring for one's parents, marital conflict amplifies and mutual trust is broken.Ultimately, if the marriage relationship has broken down to the point where it is difficult to recover, it may be grounds for divorce under Article 840, Paragraph 6 of the Civil Act.However, the question of who is responsible for the breakdown of the marriage is the partner who refused to take care of the other parent.The court will decide based on the specific facts rather than whether there is necessarily a mistake.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 38

The other person strongly wants to live with the in-laws. Is this grounds for divorce?

Accepted Answer

1. Is requesting to live with the in-laws grounds for divorce?That fact in itself is not grounds for legal divorce.However, the conflict intensifies due to living with the in-laws,If the marriage breaks down, divorce is possible.2. Does the other person strongly want to live with the in-laws or in-laws?This fact alone does not constitute legal grounds for divorce.however! What if it's like the example below?Before marriage, the husband promised his wife that he would live in the main house for six months after marriage and that he would move into a separate house after that.After that, she did not follow this rule, and ended up living at her husband's house for the entire 7 years of marriage.Her wife consistently asked her husband for a separate house for seven years, but her husband did not take it seriously and ignored the request.Also, her husband knows that his wife wants to pursue her career, but he asks her, ‘Why should she pursue a career that doesn’t make her much money?’He ignored his wife for his own reasons and did not allow her to work.She also disliked her wife going to her parents' house or seeing her friends, so she could only visit her parents' house about four times a year.On the other hand, even though her wife expressed her difficulties about living with her in-laws and asked her husband for help,Her husband disappointed his wife by giving up on her and relying excessively on her mother.Due to the stress caused by this, I had to receive treatment for gastritis. Also, when her child is sick, her parents-in-law make sure that her daughter-in-lawBecause of her lack of care, she blamed the child for being sick and did things to humiliate her daughter-in-law, including throwing the bowl of porridge her child was eating.Moreover, her husband only paid her wife about 500,000 won per month for her living expenses, saying that the business was difficult in the early stages.Her wife had no choice but to rely on her in-laws or receive help from her parents to cover her meager living expenses.After business improved, my husband lived an affluent lifestyle, driving a luxury imported car and purchasing a golf membership.Without informing his wife of his income, he paid monthly living expenses worth 900,000 won.While my in-laws were on a trip to Europe, my husband came home after drinking around 3 or 4 p.m.When her wife expressed her dissatisfaction with this, she instead verbally abused her wife. So her wife took her children and went to her parents' house.Her husband came to visit her and asked her to get along, and promised to live separately as requested by the plaintiff, but after her in-laws returned from their trip,She suddenly changed her attitude and demanded an apology from her wife, saying that unless she apologized and asked for her forgiveness, she had no choice but to divorce her.To this, her wife responded that she could not return unless she first confirmed her separation, and her husband came to see her child and returned home without consulting his wife.She took her child home, and her wife brought the child from kindergarten back to her parents' house the next day, and her husband came to her parents' house with his parents-in-law.She fought with her parents, saying they were going to take her child, and the police were dispatched, and her husband later sent an email to her wife saying,I sent her a divorce agreement and asked her to sign it. This is an issue that her wife could not bear and filed for divorce.The court found that although the wife was stressed about her life at her in-laws' house and asked her husband for help, the husband instead did everything to help her solve her problems.Her lack of effort, her excessive restrictions on her wife's life, her neglect of her wife and her verbal abuse;My husband has the financial ability to separate his home, and even though he had promised to do so before getting married, he has been living for 7 years.She cited reasons such as consistently ignoring her wife's requests for a separate home and taking no action.Recognizing that her husband was responsible for the breakdown of the marriage, it was filed under Article 840, Paragraph 6 of the Civil Act (other serious reasons that make it difficult to continue the marriage).It upheld her wife's divorce petition and granted judgment ordering her husband to pay alimony for her wife.In this case, if the conflict arising from the branch issue is amplified and the marriage relationship breaks down to the point where it cannot be restored,It falls under Article 840, No. 6 of the Civil Act and can be recognized as grounds for divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 39

Forces a person to have a child in the other person's family (forced childbirth). Is this grounds for divorce?

Accepted Answer

SummaryIs being forced to give birth grounds for divorce?Not a direct reason for divorce However, if you are treated unfairly during the birth process,If a marriage breaks down due to conflict, it is grounds for divorce.The court also makes decisions based on specific reasons.DescriptionThe fact that the other person's family forces you to give birth is not directly grounds for divorce.However, in the process of forcing childbirth, you were treated unfairly by your spouse or your spouse's parents, orIf the marital conflict is amplified due to forced childbirth and the marital relationship is irreversibly broken down.Each may fall under the grounds for divorce under Article 840, Paragraph 3 or 6 of the Civil Act.\The court determines whether it is actually grounds for divorce depending on the specific facts of the case.The precedent sets some guidelines as follows.The Supreme Court ruled that the ground for divorce prescribed in Article 840, Paragraph 3 of the Civil Act is ‘when you have been treated extremely unfairly by your spouse.’Assault or abuse to the extent that it is considered harsh for one party to the marriage to force the spouse to continue the marriage relationship.Or, it was ruled that it refers to a case of receiving a serious insult (Supreme Court decision 99M180, November 26, 1999).The grounds for divorce prescribed in Article 840, Paragraph 6 of the Civil Act are ‘when there are serious reasons that make it difficult to continue the marriage’The marital relationship corresponding to the essence of marriage is irreparably broken,It is ruled that forcing the continuation of the marriage would cause unbearable pain to one spouse.Therefore, depending on the specific case, it may be grounds for divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 40

What can I do if my spouse hasn't told me he's remarried?

Accepted Answer

The Supreme Court said, “‘Fraud’ stipulated in Article 816, Paragraph 3 of the Civil Act includes not only cases where one party to a marriage or a third party actively notifies false facts, but also cases where a party passively fails to provide notice or remains silent [Supreme Court] 2015M654 (main suit), 2015M661 (counterclaim), decided on February 18, 2016].” It was ruled that ‘if a party marries by lying to the other party about his or her marital history, the marriage can be annulled.’ (Seoul Family Court 2005 Dehab 2103, decided on August 31, 2006).Therefore, if A did not tell B that A had been married and divorced before marrying B, and B naturally knew that A was married for the first time, then B, who later learned of A's marriage, could have asked A to cancel the marriage. can.In addition, these circumstances are serious reasons that make it difficult to continue the marriage due to the destruction of the relationship of trust between the couple, so they are also grounds for divorce in court.And since Party A's actions are clearly illegal, Party B can also claim compensation for damages under Article 806 of the Civil Act.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 41

In the event of a divorce, is property division possible even if debts exceed assets?

Accepted Answer

Yes it is possible.The Supreme Court has ruled that when a couple divorces, a request for property division can be accepted even if the total amount of both parties' passive assets exceeds the total amount of active assets and the result of the property division ultimately determines the division of debt (2010 4071,4088 (see en banc ruling).Therefore, if the assets created by a couple during marriage are 20 million won and the debt is 100 million won, the property subject to property division corresponds to the debt of 80 million won (100 million won - 20 million won). According to the above precedent, if the couple's property division ratio is the same at 1:1, the method of property division can be decided by having each couple share the debt of 40 million won.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.Please chat or email for specific details.

Question 42

The other person is negligent in raising children. Is this grounds for divorce?

Accepted Answer

Are you saying the other person is negligent in raising their children?In our civil law, “indifference in raising children” is not stipulated as grounds for divorce in a trial.However, the degree of neglect in raising children is the reason for divorce.It can be an important criterion in determining whether something can be done.He just doesn't play well with his children and is a blunt father.It is not easy to prove culpability based on just a few reasons.But as I said before, what if that goes too far? Results may vary.For example, the degree of neglect in raising children is so severe that the children are neglected,The level of neglect goes beyond the line of common sense.If it reaches the level of abuse, it can be grounds for divorce.In terms of grounds for divorce under Article 840 of the Civil Code, 4. When one’s lineal ascendant has been treated extremely unfairly by his or her spouse. This is because it is stipulated as grounds for divorce in court.In the end, neglect of parenting alone is not grounds for divorce, but neglect of parenting is sociallyIf it has reached the level of neglect or abuse of a child beyond the acceptable limit,This may be grounds for divorce under Article 840, Paragraph 4 of the Civil Act.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 43

The other person is assaulting my child. Is this grounds for divorce?

Accepted Answer

Are you considering divorce because your significant other is assaulting your children?Yes, it can be grounds for divorce.The court ruled that the husband not only disciplined the child, but also suffered bruises all over his body.In a case in which he beat her to the point of lifting and repeatedly verbally abused and assaulted her wife.‘When there are serious reasons that make it difficult to continue the marriage’ (Civil Act Article 840, Paragraph 6) andIt is considered to apply to all cases of ‘when you have been treated extremely unfairly by your spouse’ (No. 3).Her wife's divorce petition was accepted.Of course, in this case, it is considered a child abuse crime and will be punished separately.In addition, even if the child was not assaulted directly and only the spouse was assaulted,Young children are diagnosed with depression due to their father's violence.There is also a ruling that if it was sufficient, it should be considered grounds for divorce in court.Likewise, severe assault on a child can also be grounds for divorce.This will also affect the designation of custody in litigation.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 44

Is excessive education of children grounds for divorce?

Accepted Answer

Is your spouse too passionate about education for your children?Depending on the severity, it may be grounds for divorce in court.The court ruled that the wife was excessively obsessed with the education of her children even before they entered elementary school.Despite her husband's dissuasion because her children did not meet her expectations,They yell at their young children and discipline them harshly, and do not give them anything that satisfies them.They only show favoritism to children who get good grades and personally abuse children who do not.By not letting your child sleep, kicking them, or preventing them from sleeping, it can affect them as they grow up.It made her feel fear and anger, and her wife said that her husband was not doing a good job of educating her.By blaming her husband, the discord between her husband and her husband worsened, and they ended up having an emotional breakdown for about three years as they separated from each other.In the case of living without her, it is believed that her wife is responsible for the breakdown of the marriage.It has been ruled that it falls within the grounds of Article 840, Paragraph 6 of the Civil Act (Seoul Family Court, 2009 Dehab 7786, decided on September 21, 2011).As mentioned above, the passion for education for children is very excessive, resulting in marital conflict.If the marriage has broken down, it can be considered grounds for divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 45

There is severe discord between spouse and children. Is this grounds for divorce?

Accepted Answer

It is difficult for a disagreement between a spouse and children to immediately become grounds for divorce in court.This is because our civil law restricts the causes that can result in divorce at trial, and the above reasons are not included.Article 840 (Causes for Divorce in Trial) One party of a couple may file a request for divorce to the Family Court if any of the following reasons existHowever, due to discord between the spouse and children, conflict arises between the couple and the other partyWithout efforts to improve, the couple's joint life will eventually become difficult to continue.In the event of a breakdown, there is a possibility that a divorce may be established in court.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 46

The other person is in prison for a crime. Is this grounds for divorce?

Accepted Answer

Just because the other person is in prison due to a crime does not immediately constitute grounds for divorce.however! This is possible in exceptional cases.Our civil law stipulates the causes of divorce at trial (Article 840 of the civil law).In the case where the other party is serving a sentence for a crime, you are asked:It can be seen as ‘when there are serious reasons that make it difficult to continue the marriage.’In fact, ① the husband was sentenced to four years in prison for unscrupulous crimes such as raping a married woman.If he has been serving his sentence since the divorce petition was filed, ② he has already served his wife for more than 5 years.In the case where the husband who left her to care for her children without her husband is released from prison after more than 9 yearsThe court applied this to Article 840, Paragraph 6 of the Civil Act, ‘When there are serious reasons that make it difficult to continue the marriage.’We determined that this was applicable and accepted the plaintiff's divorce request (Supreme Court decision 74m1, October 22, 1974).This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 47

The other party has lost contact/is missing. Is this the basis for divorce?

Accepted Answer

If your spouse runs away from home or loses contact without a justifiable reason, it may be grounds for divorce.Our civil law stipulates that married couples must live together and support and cooperate with each other.When a spouse abandons the other party with malicious intent or when it is otherwise difficult to continue the marriageWhen there is a serious reason, it is recognized as a cause for divorce in court.Therefore, if one spouse loses contact for a long period of time without a justifiable reason,The spouses have obligations as a couple to cohabit, support, and cooperate with each other for no justifiable reason.This corresponds to a case of giving up and abandoning the other party, or violating the husband and wife's cohabitation and support obligations;One spouse is recognized as having deserted the other, or the marriage relationship can no longer be restored.Since it is a case where it appears to be broken, you can file for divorce at trial on this grounds.In addition to property division, you can also claim alimony against the at-fault spouse who caused the breakdown of your marriage.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 48

You and your partner have been separated for a long time. Is this grounds for divorce?

Accepted Answer

1. Is long-term separation grounds for divorce?Divorce at trial is possible when there are grounds for divorce stipulated by civil law.Therefore, just because a couple has been separated for a long time does not necessarily mean that they will divorce.This is because the grounds for divorce under the law are limited to the following.Of course, if both couples who have been separated for a long time want to divorce, they can easily do so.However, it becomes a problem when only one spouse wants a divorce.The court determines that due to circumstances that cannot be attributed to either party, such as a long-term separation,If you claim and prove that the marriage has already broken down to the point where it is difficult to continue married life,It is believed that this is grounds for divorce under Article 840, Paragraph 6 of the Civil Act.In the above provision, ‘when there are serious reasons that make it difficult to continue the marriage’ means that it corresponds to the nature of marriage.When the marital relationship is irreparably broken, it is difficult to force the marriage to continue.This refers to cases where unbearable pain is caused to one spouse, and when judging this,Whether there is an intention to continue the marriage, whether the parties are responsible for the cause of the breakdown, duration of marriage, presence or absence of children,The age of the parties, security of living after divorce, and other circumstances of the marital relationship are used as criteria for judgment.In other words, even if the marriage has been separated for a long time, it is important to prove that the marriage has broken down by considering all the above circumstances.However, even in cases of long-term separation, the at-fault spouse's claim for divorce is rejected. Mainly responsible for the breakdown of the marriage relationshipIn accordance with Article 840, Paragraph 6 of the Civil Act, the spouse at fault cannot file for divorce on the grounds of the breakdown.It is a principle (Supreme Court decision 90M95, sentenced on April 27, 1990, etc.), and as an exception, ‘the other spouse is coming or out of retaliatory feelings.On the surface, it may be that the spouse is simply not complying with the divorce, or the spouse at fault is so culpable that the divorce request must be rejected.A divorce request by the at-fault spouse is recognized only in cases where there are special circumstances that do not remain.2. We have been separated for a long time and there is no way to contact you. Can you get divorced?1) Reasons for divorceYes, divorce is possible.First of all, if your spouse loses contact without a justifiable reason, it can be considered grounds for divorce.Our civil law stipulates that married couples must live together and support and cooperate with each other.When a spouse abandons the other party with malicious intent or when it is otherwise difficult to continue the marriageWhen there is a serious reason, it is recognized as a cause for divorce in court.Therefore, if one spouse loses contact for a long period of time without a justifiable reason,The spouses have obligations as a couple to cohabit, support, and cooperate with each other for no justifiable reason.This corresponds to a case of giving up and abandoning the other party, or violating the husband and wife's cohabitation and support obligations;One spouse is recognized as having deserted the other, or the marriage relationship can no longer be restored.Since it is a case where it appears to be broken, you can file for divorce at trial on this grounds.In addition to property division, you can also claim alimony against the at-fault spouse who caused the breakdown of your marriage.2) How to divorce in case of loss of contactIf your spouse's fate is unclear for more than three years, you can file for divorce.‘When life or death is unclear’ refers to cases where it is impossible to prove at all whether the spouse is alive or dead.Not only has his life and death not been revealed for more than three years, but even at the present time,It must not be known, and in this case, the divorce will be decided through a default trial after service by public notice.If the person is alive but has run away from home and their whereabouts are unknown, it is cause 2.A divorce suit must be filed by public notice on the grounds of 'malicious abandonment'.If one spouse is declared missing, the marriage is dissolved as the person is deemed dead at the expiration of the period of disappearance.Spouse is unknown for 5 years (usually missing) or war, ship sinking, plane crash,In case of other danger and the life or death is unknown for 1 year (special disappearance), a spouse or other interested party may file a claim.The court sets a period of at least six months to require the absentee or anyone who knows the absentee's life or death to report.If the court declares disappearance after the public notice limit (Articles 66 and 67 of the Domestic Judgment Rules) and the judgment for declaring disappearance is confirmed (Article 27 of the Civil Act),Since the missing person is considered dead when the period of disappearance expires, the marriage is dissolved like death.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 49

My wife and I agree to divorce, but there are no special grounds for divorce. Is it possible to file for divorce?

Accepted Answer

There has been an agreement on the intention to divorce, but there are no grounds for divorce in court.I think you are talking about what is commonly referred to as ‘reasons based on personality differences’.in conclusion???!!! Divorce is possible!!!Although our civil law stipulates grounds for divorce at trial, this does not apply to divorce by agreement.This is a legal provision for cases where divorce is proceeded through trial due to lack of agreement.In a divorce by agreement, the parties only need to agree on their intention to divorce.Therefore, there is no need to check the grounds for divorce in the law.Ultimately, if the parties have confirmed their intention to divorce, they must visit the family court.After applying for divorce by agreement, you can obtain a divorce after spending a period of consideration and confirming your intention to divorce.However, one question may arise here.If the parties agree on their intention to divorce, but there is no agreement on property division or custody.If it doesn't work, the question is what to do.Let me explain with two examples.1. How do couple A, who agree on divorce and child custody but have no agreement on property division, get divorced?You can proceed with the divorce first through a divorce by agreement, and then only file division of property in a separate lawsuit.Meanwhile, couple A can also apply for divorce mediation or file a divorce lawsuit. There is no reason for divorceAs you expressed, if a divorce has been decided and both parties have reached an agreement, the marital relationship isSince it is clear that the marriage has already broken down, 'other marriages' are among the grounds for divorce in the civil law.This is because you can proceed with a divorce by claiming ‘serious reasons that make it difficult to continue’.The main issue in Couple A's divorce suit will be 'property division.'2. How can couple B, who only agreed on their intention to divorce but did not agree on property division or custody, get divorced?Since couple B has not reached an agreement on custody, divorce by agreement is not possible.However, you can divorce through a divorce mediation application or divorce lawsuit, as in the second method for couple A above.The grounds for divorce may be 'other serious reasons that make it difficult to continue the marriage.'The main issues in Couple B's divorce lawsuit are 'property division' and 'custody rights'.In fact, when a divorce suit is filed, there is a disagreement even in the intention to divorce, so the husband wants a divorce, but the wife does not want a divorce.Rather than not wanting it (or vice versa), the intention to divorce between the two parties has been agreed upon.There is no agreement on custody or property division.There are many couples who apply for divorce mediation or file divorce proceedings.Consult with an expert to find out whether you can file for divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 50

Out of anger, I asked for a divorce. Is this also grounds for divorce?

Accepted Answer

Did you get angry and ask for a divorce during a fight?Talking about divorce out of anger does not immediately become grounds for divorce in court.In other words, you don't have to worry that the other person will file for divorce because of this. All you have to do is to definitely withdraw your intention to divorce.but!! What if you say divorce out of anger not just once, but over and over again, every day?In addition, these words and actions are added to the conflict that the existing couple was experiencing, creating a situation that needs to be embraced with affection and trust.The marital relationship is irreparably broken, making it difficult for the couple to continue their married life.What if there are special circumstances such as bankruptcy? In this case, it may be recognized as grounds for divorce.In this case, the other person may be recording my repeated words and actions to use them as evidence.So, no matter how angry you are, it would be best not to say divorce unless you truly intend to divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 51

I decided to get a divorce. The other party is not cooperating with the subsequent procedures. Is it possible to file for divorce?

Accepted Answer

An agreement has been reached to divorce, but the other party is involved in the subsequent proceedings.You asked if you could file a divorce if you don't cooperate.Yes, because we decided to divorce by agreement, we decided to divorce through trial.It doesn't mean you can't proceed. In other words, you can file a divorce suit.However, for divorce through litigation, there must be grounds for divorce at trial as stipulated in Article 840 of the Civil Act.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 52

The other person treats me as invisible. Is this also grounds for divorce?

Accepted Answer

The mere fact that the other party treats you as invisible does not constitute grounds for divorce in court.There is no problem if both parties agree that they can no longer remain married due to this issue and divorce by mutual consent.However, if only one of the couple wants a divorce,Divorce is only possible if the grounds for divorce under Article 840 of the Civil Code are met.Treating someone as invisible is not stipulated in Article 840 of the Civil Code, so this fact alone is not grounds for divorce.However, if other marital conflicts are amplified and as a result, people are treated as invisible,Or, if you treat someone as invisible, it will spread to other conflicts and as a result,The fact that the marriage has broken down to the point where it is no longer possible to continue the marital relationship.If you can prove it, it may fall under Article 840, Paragraph 6 of the Civil Code among the grounds for divorce at trial.Whether there are serious reasons why the actual marriage cannot continueThe court will decide, and this may lead to different results depending on the specific facts.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 53

Each partner wants to use each room during the marriage. Is this grounds for divorce?

Accepted Answer

Using separate rooms does not in itself constitute grounds for divorce in court.Our civil law sets out the grounds for divorce at trial and determines the reasons for divorce.If there are facts, it is possible to file for divorce in court.This is because the use of separate rooms is not determined as grounds for divorce in court.In the court, as their lifestyle habits did not match, they lived in separate rooms for several years and marital conflicts piled up.Even if a divorce suit is filed, the couple must resolve the current conflict situation.In that it appears that there is the ability and room to solve the problem.It was determined that this couple's marriage did not fall apart.One party's divorce request has not been acknowledged.On the other hand, the couple's relationship worsens and they live completely independently in separate rooms for a long period of time.In the case of living without a substantive married life, such as not having a long-term marital relationship,This couple's joint living relationship is already difficult to recover from.It was determined that the relationship was broken and a divorce decree was issued.Because different conclusions may be reached depending on the specific facts,It is necessary to discuss your specific situation with an attorney.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 54

I am the guilty spouse. I am trying to divorce. Can I file for divorce?

Accepted Answer

The spouse who is primarily responsible for the breakdown of the marriage is called the at-fault spouse.The principle is that the at-fault spouse cannot file for divorce on the grounds of marriage breakdown.However, even though it is objectively clear that the other party has no intention of continuing the marriage after the breakdown,There are special circumstances, such as not agreeing to divorce due to selfish or retaliatory feelings.Only in exceptional cases, the at-fault spouse's right to file for divorce is recognized.Please refer to the actual case below.While her wife went dancing, she neglected her family and ran away several times for no reason.She did it, but then she returned home, and after running away from home for a while, she drank alcohol and was hospitalized in the emergency room.After she was discharged from the hospital, she ran away from home again with a large amount of money in her savings account, withdrew it all and spent it, causing her husband to run away.This is a case in which the wife, the at-fault spouse, filed for divorce after she sued her wife for theft, etc. and was found guilty.The court found that the wife was imprisoned and found guilty following her husband's complaint.In the process, her husband requested that he be severely punished, even on the date of hearing of the divorce suit filed by her wife.I have no intention of maintaining a conjugal relationship with her wife, but I want to prevent her from marrying someone else.Based on the statement that divorce is not possible, the husband actually has no intention of continuing the marriage with her wife.There is room to see that the divorce is only superficially rejected out of spite or retaliatory feelings, even though there is absolutely nothing there.Since there was sufficient evidence, the right of the wife, the at-fault spouse, to file for divorce was acknowledged.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 55

There is no communication between family members at all. Is this grounds for divorce?

Accepted Answer

The mere fact that there is no communication between spouses does not constitute grounds for divorce in court.Tired of not talking to each other, they decided they no longer wanted to be married.There is no problem if there is an agreement that it cannot be maintained and a divorce is agreed upon.On the other hand, if only one of the couple wants a divorce, Article 840 of the Civil ActDivorce is only possible if it meets the grounds for divorce determined by the court.However, the reason for lack of communication is not directly designated as a cause for divorce in the law.However! If other marital conflicts are amplified and as a result they are treating each other as invisible,Or, due to a small fight, not talking to each other is the cause, and the discord between the couple becomes worse.As a result, the marriage broke down to the point where it was difficult to continue the marriage.If the facts can be proven, in this case, it may fall under Article 840, Paragraph 6 of the Civil Code among the grounds for divorce at trial.The court will decide whether there are serious reasons why the actual marriage cannot continue.This may lead to different results depending on the specific facts.If you are tired of boredom without such a big event and are considering divorce at trial, this may cause you toIt is not easy to prove that there are ‘serious reasons that make it difficult to continue the marriage.’Therefore, in these cases, it is important to prepare countermeasures through professional consultation with a lawyer.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 56

My wife doesn't feed me. Give it only to the child (her child). Is this grounds for divorce?

Accepted Answer

The fact that a wife does not feed a person is not grounds for divorce in court.In civil law, the grounds for divorce are determined by law.This is because the wife not providing food is not determined as grounds for divorce in court.Also, as long as your husband is an adult, shouldn't he be able to prepare and eat his own meals?However, if you are in a situation where you ignore your spouse who is present while preparing a meal for your children,It is possible that other marital conflicts were the cause.This discord has already made it difficult for the couple's marriage to continue.In the case of a breakdown, there may be room for divorce in court.However, even in this case, there is no change in the fact that the divorce claim of the at-fault spouse is rejected!!This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 57

I am asking for a divorce even though there are no grounds for divorce. Will I get divorced?

Accepted Answer

The grounds for judicial divorce are stipulated in Article 840 of the Civil Code.Therefore, if there are no facts that constitute grounds for divorce in court,Even if the other party files a divorce suit, there is a high possibility that the court will not accept it.However, on the other hand, the court ruled that due to circumstances that cannot be attributed to either party, such as a long-term separation,If you claim and prove that the marriage has already broken down to the point where it is difficult to continue married life,It is believed that this is grounds for divorce under Article 840, Paragraph 6 of the Civil Act.In other words, the breakdown of the marriage itself becomes grounds for divorce under No. 6.In the above provision, ‘when there are serious reasons that make it difficult to continue the marriage’ means that it corresponds to the nature of marriage.When the marital relationship is irreparably broken, it is difficult to force the marriage to continue.This refers to cases where unbearable pain is caused to one spouse, and when judging this,Whether there is an intention to continue the marriage, whether the parties are responsible for the cause of the breakdown, duration of marriage, presence or absence of children,The age of the parties, security of living after divorce, and other circumstances of the marital relationship are used as criteria for judgment.However, these cases are rarely recognized because they are very difficult to prove.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 58

My wife refuses to have a child (refusal to give birth). Is this grounds for divorce?

Accepted Answer

Refusal to give birth (refusal of pregnancy) may have different conclusions depending on the specific case.Our civil law stipulates the causes of divorce at trial.Article 840 (Causes for Divorce in Trial) One party of a couple may file a request for divorce to the Family Court if any of the following reasons exist:The court ruled that the ground for divorce prescribed in Article 840, Paragraph 6 of the Civil Act, ‘when there are serious reasons that make it difficult to continue the marriage,’A joint living relationship commensurate with the essence of marriage, which should be based on affection and trust between spouses.If the marriage is irretrievably broken down and it is for one spouse to be forced to continue the marriage.This refers to cases where the pain is unbearable, and when judging this, it is necessary to determine whether there is an intention to continue the marriage;Whether or not the parties are responsible for the cause of the breakdown, duration of marriage, presence or absence of children, age of the parties, security of living after divorce,It is ruled that all other circumstances of the marital relationship must be taken into consideration.If so, refusal to give birth (refusal of pregnancy) may be grounds for divorce under Article 840, Paragraph 6 of the Civil Code.Problems related to pregnancy cause the marital relationship to become irretrievably broken and the continuation of the marriage difficult.If coercion causes unbearable pain to one spouse, it may be grounds for divorce.If a couple refuses to give birth (refuses pregnancy) after getting married without any agreement regarding pregnancy before marriage, it may be grounds for divorce.Conversely, if the couple agreed before marriage not to get pregnant and got married, the request for pregnancy may be grounds for divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 59

You don't love your spouse. I really want to divorce, what should I do?

Accepted Answer

1. How to divorce if you don’t love your spouse?There are two types of divorce: divorce by agreement and divorce by trial.If the couple agrees to divorce, they can obtain a divorce by agreement.If an agreement is not reached, a judicial divorce can be obtained through a court trial at the request of one of the parties.In our civil law, the causes of judicial divorce are determined by law.Please refer to the legal provisions below.Article 840 (Causes for Divorce in Trial) One party of a couple may file a request for divorce to the Family Court if any of the following reasons exist:When your spouse commits an unfaithful actWhen a spouse abandons the other party with malicious intentWhen you have been treated extremely unfairly by your spouse or his/her immediate ascendantWhen your immediate ascendant has been treated extremely unfairly by your spouseWhen the life or death of a spouse has not been known for more than 3 yearsWhen there are other serious reasons that make it difficult to continue the marriageIf you want to divorce your spouse because you do not love him or her, you can obtain a divorce by agreement if the couple has agreed to the divorce.However, if the spouses do not agree to divorce, divorce can only occur if it meets the grounds for divorce in court.If there are no grounds that fall under each subparagraph of Article 840 of the Civil Code, which stipulates the causes for judicial divorce, you cannot request a judicial divorce.2. Similar cases<After her marriage, Ms. A (52 years old) left her two children and lived to take care of her parents-in-law and younger brother-in-law.She filed for divorce from her husband, Mr. B (age 51), on the grounds that she no longer felt affection for her spouse.>3. The court shall‘The right to file a claim for divorce in court is recognized as an exception when there are special circumstances.If the other party has a serious intention to maintain the marriage, the divorce petitioner canIt's just that she no longer feels affection for her partner, or that she needs to get divorced so she can be happy for the rest of her life.It was ruled that it is difficult to order divorce at trial based on subjective feelings and will alone, such as the possibility of living together.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 60

I have a different religion from the other person. Is this grounds for divorce?

Accepted Answer

It is difficult for the mere fact that each person has a different religion to be a direct reason for divorce.However, due to the other party's excessive religious life, family and marital life are disrupted.If the marriage relationship breaks down due to negligence, it is grounds for divorce.The court ruled that freedom of religion cannot be infringed even if a couple is married.There is an obligation between spouses to cooperate with each other and maintain a smooth marital life.Therefore, there are certain limits to the freedom of religion,Because her wife focused only on her religious life and neglected her housework and childcare.If the marriage breaks down, the main responsibility for the breakdown isOn the grounds that it was her wife's fault, she cited her husband's petition for divorce.In other words, the marital relationship cannot be restored due to excessive religious life.If a breakdown has occurred, this is grounds for judicial divorce under Article 840, Paragraph 6 of the Civil Act.

Question 61

There is a difference in personality from the other person. Is this grounds for divorce?

Accepted Answer

Simple personality differences are unlikely to be grounds for divorce in court.This is because judicial divorce is possible when there are grounds for divorce stipulated by civil law as follows.This will not be a problem if the couple agrees that they can no longer continue the marriage due to personality differences and obtains a divorce by agreement.However, the conflict due to personality differences between the couple is amplified, and the couple does not make efforts to maintain the marital relationship.If the conflict worsens, it will eventually lead to an irreversible breakdown in the marriage relationship.If forcing the continuation of married life would cause unbearable pain to one spouse,Article 840, Paragraph 6, ‘When there are other serious reasons that make it difficult to continue the marriage’ may be grounds for divorce.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 62

6 reasons for divorce

Accepted Answer

No. 1. When a spouse commits unfaithfulnessWhat is a dishonest act?- Refers to all inappropriate acts committed with a person other than a spouse recognized by law.- Inappropriate behavior with someone of the same sex can also be considered an unjust act.1. Case in question If you live with someone other than your spouse even if you have not actually had sexual intercourse due to physical incapacity such as old age or illnessWhen incest is suspected and a police officer enters the residence, both men and women are found wearing only underwear.2. Cases that do not applyEven if an act is objectively seen as an unjust act, it is not done intentionally (rape, forced molestation, etc.)Unfaithful acts committed before legal marriageNo. 2. When a spouse abandons the other party with malicious intentWhat is when a spouse abandons the other out of malice?- This refers to not fulfilling the obligations of cohabitation, support, and cooperation without the consent of the other party and a justifiable reason.1. Case in questionWhen a person runs away from home after entering into a legal marriage relationship and cohabiting for a short period of time and does not returnIf you live with an adulterous person and leave your spouse alone or at a child's home for a long period of time2. Cases that do not applyIf the other party ran away from home first because they could not tolerate frequent going out and being treated unfairly.When there is a justifiable reason for separation (verbal language or assault by the other party, court recommendation, consent of the other party)No. 3. When you have been treated extremely unfairly by your spouse or his/her immediate ascendantWhat does it mean when you are treated very unfairly?- This refers to cases where a person has been subjected to verbal abuse or assault to the extent that it is objectively judged that the continuation of the marital relationship is difficult.1. Case in questionCases where the husband is abusive from the beginning of marriage for various unreasonable reasons and it is difficult for the couple to continue their relationship any longer.Cases where the husband was forcibly admitted to a mental hospital or nursing home by labeling him as a mentally ill person with suspicions.If the person involved is insulted, such as handcuffed, at work, such as a company.2. Cases that do not apply A case in which a couple's emotions are aroused during a fight and several assaults and insults are made, but the severity cannot be considered serious. Cases where there is a reason that forced verbal abuse and assault, etc. (even though the divorce judgment request was dismissed, the wife, who was angry at the sight of him having an affair with another woman without making any effort to reconcile, went to her husband's workplace and insulted her) case)No. 4. When your immediate ascendant has been treated extremely unfairly by your spouseWhat does it mean when you are treated very unfairly?- This refers to a case where one's immediate ascendant has been verbally abused or assaulted to the extent that it is objectively judged that the continuation of the marital relationship is difficult.- Article 840 of the Civil Code stipulates that divorce is grounds for trial not only when a person has been treated extremely unfairly by his or her spouse or his or her immediate ascendant, but also when his or her immediate ascendant has been treated extremely unfairly by his or her spouse.1. Case in questionIn cases where the spouse not only inflicted injuries by continuously assaulting the spouse for not bringing gifts or wedding gifts, but also treated the spouse's parents with abuse.2. Cases that do not applyIn case of words or actions that are somewhat against etiquetteNo. 5. When the life or death of a spouse has not been known for more than 3 yearsWhat is unknown?- This means a state in which it is impossible to prove whether the spouse is alive, and the state must continue for more than 3 years until the time of filing for divorce.In this case, the divorce is decided through a default trial after service by public notice. In other words, the trial will be held without the other party present and the divorce will result.No. 6. When there are other serious reasons that make it difficult to continue the marriageWhat does it mean when there are serious reasons that make it difficult to continue a marriage?- When the relationship between a couple is broken down to the point where recovery is impossible, and maintaining the marriage is extremely psychologically painful for one party.1. Case in questionIn the case of a wife who could not bear her husband's continuous assault and filed for divorce and made it clear that she had no intention of reuniting.In case of separation after filing divorce suit due to wife's unreasonable refusal to have sex and infidelity2. Cases that do not applyCases where symptoms of depression were exhibited during the marriage period, but after treatment at the hospital, there are currently no significant problems and there is a desire to maintain the marriage.Cases where sexual function is somewhat impaired due to diseases such as azoospermiaThis is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 63

In what cases can I register personal information?

Accepted Answer

If you are convicted of a sexual crime under the Sexual Assault Act and the Sexual Offenses ActYou will be subject to personal information registration for 20 years.Crimes of causing harm, including rape,Crime of rape,Quasi-rape,From cases where a person is sentenced to prison for a crime of forcible molestation, etc.Indecent assault in a crowded public place as stipulated in the Special Act on Punishment of Sexual Crimes, etc.Trespassing into a public place for sexual purposes;Obscene acts using communication media,If you are found guilty of a fine for filming using a camera, etc.Includes everything up toNo matter how minor it is, as long as it is a sex crime, you will be subject to personal information registration upon conviction.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 64

Past child support and statute of limitations

Accepted Answer

Can past child support be sued even if it has been a long time? (The statute of limitations does not apply?)In 2011, the Supreme Court ruled that the right to past child support (until it is established as a specific right to claim payment through agreement between the parties or a decision by the family court) cannot be said to be a property right that allows the caregiver to exercise that right, and the statute of limitations does not apply. There is no room to proceed. I did it.Specifically, it largely depends on whether or not there is an agreement regarding child support.Past child support claims and statute of limitations : Depends on the method and timing of divorce1. In case of divorce by agreement without determining child supportMarried couple A and B divorced by agreement in January 1999 without reaching any agreement regarding child support for their 12-year-old minor child C.After that, A raised C while paying child support alone. Can A claim repayment of child support in the future?Until a specific right to claim payment is established through agreement between the parties or a decision by the family court, the right to past child support cannot be said to be a property right that the caregiver can exercise that right, and therefore there is no room for the statute of limitations to proceed. Therefore, A can claim repayment of child support paid for C against B, who did not pay child support, even after C becomes an adult.2. When the parties have reached an agreement on child supportIf the divorced parties have reached an agreement on child support, it is a claim to pay child support regularly within one year under Article 163, Paragraph 1 of the Civil Act, so a short-term statute of limitations of three years will apply.Therefore, you can receive child support for the past three years, calculated backwards from the time of filing the child support claim.3. In case of child support judgment or child support burden recorda. The plaintiff and the defendant were married on August 8, 2008, had a child, A (born in 2014), and then applied for confirmation of intention to divorce by agreement. And on November 28, 2011, we received confirmation and reported divorce by agreement.In the above case of application for confirmation of intention to divorce by agreement, on November 28, 2011, 'the plaintiff shall pay the defendant 300,000 won per month on the 30th of each month from the day after the divorce report to the day before A reaches the age of majority as child support for A.' A child support burden report was prepared.The plaintiff did not pay any child support to the defendant according to the child support provision.On September 27, 2022, the defendant applied for an enforcement order against the plaintiff seeking payment of child support in accordance with the above child support burden protocol.b. If matters related to child support are confirmed by a judgment in the family court, Article 165, Paragraph 1 of the Civil Act (even if a claim confirmed by a judgment has a short-term statute of limitations, the time limit is considered to be 10 years). Therefore, it is considered subject to a 10-year statute of limitations (Supreme Court 2009S145 ruling)If a child support burden record is prepared, Article 41 of the Family Litigation Act grants the child support burden record the same enforcement power as a child support judgment, so the 10-year statute of limitations also applies to the right to claim child support pursuant to the child support burden record.c. Therefore, the statute of limitations has been completed for the portion that occurred 10 years ago from the date of application for the child support performance order, September 27, 2022 (the portion that occurred from the end of November 2011 to the end of August 2012), but the portion that occurred after that date has expired. Since the statute of limitations has not expired, there is an obligation to pay child support.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Korean Law Guide- Divorce- Reasons for divorce

Korean Law Guide Recommended Guide